UB 

412 

H5 



APPOINTMENT OF HERBERT WARREN HARDMAN AS CAPTAIN IN 
THE QUARTERMASTER CORPS, UNITED STATES ARMY 



HEARING 

BEFORE A 

SUBCOMMITTEE OF THE 
COMMITTEE ON MILITARY AFFAIRS 

HOUSE OF REPEESENTATIVES 

SIXTY-SEVENTH CONGRESS 
FIRST SESSION 



MAY 23, 1921 



WITNESSES 

HON. HERBERT J. DRANE 

HERBERT WARREN HARDMAN 
Warrant OflBcer, U. S. A. 



SUBCOMMITTEE 

CHARLES C. KEARNS, Ohio, Chairman 
HARRY C. RANSLEY, PennsylvaEia WILLIAM 3. FIELDS, Kentucky 

JOHN PHILIP HILL, Maryland DANIEL E. GARRETT Texas 

LOUIS A. FROTHINGHAM, Massachusetts ' 

Howard F. Sedgwick, Clerk 




WASHINGTON 
GOVERNMENT PRINTJ^G OFFICE 
54010 1921 • ' 



CONGRESS 

RECEIVED 

NOV 1 9 1924 



(3 



H3 



APPOINTMENT OF HERBERT WARREN HARDMAN, AS CAPTAIN, 
QUARTERMASTER CORPS, UNITED STATES ARMY. 



Subcommittee of the 
Committee on Military Affairs, 

House of Representatives, 

Monday, May 23, 1921. 
The subcommittee met at 10 o'clock a. m., Hon. Charles C. Kearns 
(chairman) presiding. 

Mr. Kearns. The subcommittee has met this morning to hear 
Mr. Drane and also Maj. Hardman in reference to H. R. 6130, a bill 

Sroviding for the appointment of Warrant Officer Herbert Warren 
[ardman as captain in the Quartermaster Corps, United States 
Army, which reads as follows: 

A BILL Providing for the appointment of Warrant Officer Herbert Warren Hardman as captain in the 
Quartermaster Corps, United States Army. 

Whereas Warrant Officer Herbert Warren Hardman took an examination for perman- 
ent commission in the Ptegular Army of the United States and failed to pass on 
account of an admitted mistake on the part of examining officers in the War Depart- 
ment; Therefore 

Be it enacted by the Senate and House of Representatives of the United States of Amer- 
ica in Congress assembled, That the President be, and he is hereby, authorized to 
appoint said officer (who was formerly major, Quartermaster Corps), a captain in the 
Quartermaster Corps, United States Army, to take rank under the provisions of sec- 
tion 24a of the act of Congress approved June 4, 1920. 

STATEMENT OF HON. HERBEET J. DRANE, A REPRESENTA- 
TIVE IN CONGRESS FROM THE STATE OF FLORIDA. 

Mr. Drane. Mr. Chairman, Maj. Hardman, now Warrant Officer 
Hardman, is one of my constituents, having lived in my congressional 
district practically all his life, until 23 years ago, when he went into 
the military service, at the beginning of the Spanish- American War. 
He went into the Spanish-American War as a private and worked 
his way up until he became a major in the late war with Germany. 

I know his antecedents and personally know him to be a gentle- 
man of the very highest character and integrity. 

Mr. Kearns. We will be glad to hear any statement you desirfe 
to make, Maj. Hardman. 

STATEMENT OF HERBERT WARREN HARDMAN, WARRANT 
OFFICER UNITED STATES ARMY. 

Mr. Kearns. When were you commissioned major, in the last war ? 

Mr. Hardman. I was promoted to major from captain on August 
9, 1918. 

Mr. Kearns. You had never been a commissioned officer until the 
late war ? 

3 



4 APPOIXT-AIENT OF HERBEKT AVARREX HARD.AIAX AS CAPTAIN. 

Mr. Hardman. No, sir; I was commissioned in the Eeserve Corps, 
but I was an enlisted man in the Regular Establishment, and when 
the war broke out I was called into service on the 25th day of April 
as a captain in the Reserve Corps. 

Mr. Kearns. Were you on the retired list? 

Mr. Hardman. No, sir; I was on the active list. 

Mr. Kearns. You had been on active duty in the Regular Army 
by reason of your enlistment 23 years ago? 

Mr. HardMx\n. Yes, sir. 

Mr. Kearns. You may proceed with your statement. 

Mr. Hardman. On July 7, 1920, I took the examination for a 
commission in the Regular service, under the provisions of section 24 
of the act approved June 24, 1920. I passed all the examinations 
except the physical examination. On September 2, 1920, I received 
an official notification from The Adjutant General of the Army that 
I had been found physically not c[ualified for a permanent commis- 
sion, but that communication did not state for what cause I was 
physically disabled. Other officers with whom I was examined on 
July 7 and who failed physically were notified at the time of the 
examination of their failure to pass. 

On September 19 orders were promulgated for a second examina- 
tion, under the provisions of section 24 of the act approved June 4, 
1920. This authority stated, among other things, that ''all those 
who had been found physically disqualified on account of defects 
which could be removed by October 25 were eligible for their exami- 
nation." 

Not knowing the defect I had been disqualified for, and having 
no personal knowledge of any disqualifying defect, I was unable to 
take this examination, as I did not, nor did my superior officers under 
whom I was serving at that time, believe I was eligible to do so. 

I was discharged on September 30, 1920, from my commission as 
major and reenlisted October 20, 1920, and on that date made formal 
application to the War Department requesting to know" what was the 
status of my request for appointment as warrant officer. On Novem- 
ber 10 I received telegraphic instructions that it would be necessary 
for me to undergo an operation for hernia before I could be appointed 
as a warrant officer. On that same date, when I was examined by 
a surgeon of the Army to ascertain if I had hernia — I had never had 
one, so far as I knew — his certificate was negative. 

On that same date I wrote a letter to The Adjutant General of the 
Army suggesting that if I had been found physically disc|ualified for 
a permanent commission on account of hernia that an error had been 
made, and I cited a copy of the surgeon's certificate to prove my 
statement. 

No answer was received by me to this letter until January 26, 1921 
and then only after a second letter, under date of January 3, 1921 
had been forwarded, requesting that the letter be answered. 

This letter stated that the reason for vay physical discjualification 
was by reason of a right inguinal hernia. This was the first time I 
had been officially informed as to the physical defect for which I 
was rejected. 

Mr. Kearns. That was after the date which former Secretary 
Baker mentions in his letter ? 

Mr. IIardman. No, sir. 



APPOINTMENT OF HERBERT WARREN HARDMAN AS CAPTAIN. 5 

Mr. Kearns. Secretary Baker had fixed some date in October. 

Mr. Hardman. Yes, sir. 

Mr. Kearns. You were not notified until the following January ? 

Mr. Hardman. On January 26 I was officially notified as to the 
defect for which I was disqualified. 

Mr. Kearns. Mr. Baker complains in his letter that you had slept 
on your rights. 

Mr. Hardman. Yes. 

Mr. Kearns. But you had not been advised ? 

Mr. Hardman. Here was my position: So far as I know, I had 
nothing the matter with me, and I was not notified by the War 
Department of my disqualifying defect until January, 1921. I had 
no idea what had been found that would disqualify me. Plernia was 
the last thing I would have thought of. Hoav was I to know I had a 
defect which could be remedied in October when I was not notified 
until January ? 

Mr. Drane. You reenlisted in October and you were notified of 
your physical disqualification in January ? 

Mr. Hardman. Yes, sir. 

Mr. Kearns. How do you account for the board finding that you 
had a hernia ? 

Mr. Hardman. I believe it happened like this: They examined 
men in large numbers. They examined 12 at a time. When the 
examinations were made three doctors came along. One took the 
head, the eyes, the ears, the nose, the throat, and the thorax; another 
took the chest, the abdomen, and the private parts; and another took 
the joints. They all came along, one right behind the other; and 
there was a man behind them who made a note of their findings, and 
that man had some paper on which he would jot down what the doctor 
said. Two of the men with whom I had my physical examination had 
hernia, and you could not miss them. Those men were waived aside, 
and the doctors said, "I will not waste time examining you now." 
He said, ''You are physically disqualified, but," he said, "in order to 
make your record complete I will come back to you when we are 
through with the other men." So I got one of those men's hernia and 
he got my commission. That is the way I figure it out. I know it 
was not intentional. I am sure of that, because the doctor did not 
know me and I did not know him. I had never seen him before and 
he had not seen me before. 

I was informed by The Adjutant General that my letter of No- 
vember 10 had been received too late for favorable consideration, 
although, as I understood it, the boards were still acting on examina- 
tion papers of candidates for permanent commissions. 

Under date of February 7, 1921, I again forwarded all papers in 
the case, requesting reconsideration, inclosing the certificates of four 
medical officers to the effect that I had no hernia. 

These papers were not answered until a personal letter was written 
by Gen. Wood requesting to know what action had been taken on 
that, and the papers eventually reached me in Washington on April 
19, 1921, stating that no action could be taken in my case, due to the 
fact that all the agencies for examining candidates for commissions 
under section 24 of the act of June 4, 1920, were disbanded, and that 
there was no further legal action open to the War Department in 
my case. 



6 APPOINTMEXT OF HERBERT WAEREX HARDMAN AS CAPTAIN. 

After being examined by two boards of Army surgeons in Chicago, ^ 
I came to Washington, D. C, and appHed to the Surgeon General for 
a physical reexamination, with a view to ascertaining positively and 
definitely as to whether or not I suffered from hernia. 

Mr. Drane. Upon your reexamination the board said in sub- 
stance, as I understand it, that an error had been made in your case 
and that you had no hernia ? 

Mr. Hardman. Yes, sir. 

Mr. Drane. Did you ask The Adjutant General's Office for a copy 
of that report ? 

Mr. Hardman. I did. 

Mr. Drake. Who was The Adjutant General to whom you applied? 

Mr. Hardman. It was Gen. James T. Kerr. 

Mr. Drane. What was his reply? 

Mr. Hardman. First, he asked me what I wanted it for, and I told 
him. He told me it was not proper information for me to get, and I 
could not have it. 

Mr. Kearns. What did you tell him you wanted it for ? 

Mr. Hardman. I told him I wanted it in order to show there was 
an error, and to find if the War Department intended standing pat 
after this board had made its report. 

Then he asked me for what purpose I wanted the report of the ex- 
amination, and I told him I wanted it for two purposes. I said I 
wanted it hrst in order to get my Ai'my record straightened out, so 
that it would not appear in my Army record that I was physically 
disabled, if I was not; and, second, I intended to ask that the War 
Department introduce a bill to have me given a commission. But he 
told me I could not do it. 

Mr. Kearns. You had been examined for a commission as captain 
m the Regular Army under the provisions of the reorganization bill ? 

Mr. Hardman. Yes, sir. 

Mr. Drane. Did Gen. Kerr indicate to you what authority could 
get this information you wanted ? 

Mr. Hardman. Yes, sir. 

Mr. Drane. What did he say about that ? 

Mr. Hardman. He told me the information would only be given 
to a court, upon a proper order, or to the Congress of the United 
States, or any committee of either House thereof. 

Mr. Kearns. Where is Gen. Kerr at the present time? 

Mr. Hardman. He is located at the War Department here in 
Washington. 

Mr. Kearns. He is an Assistant Adjutant General ? 

Mr. Hardman. Yes, sir. 

Mr. Drane. Did Gen. Wood write a letter in connection with 
your case ? 

Mr. Hardman. Yes, sir. 

Mr. Drane. Will you read that letter ? 

Mr. Hardman. I will say this letter of Gen. Wood's was written 
on March 18, 1921, after a letter I had forwarded, through Gen. 
Wood to the War Department relative to my case had not been 
answered and that letter was dated February 7, 1921; Gen. Wood's 
letter says: 



APPOINTMENT OF HERBERT WARREN HAEDMAN AS CAPTAIN, 7 

War Department, 
Headquarters J^ixth Corps Area. 

Fort Sheridan. Ill, March 18, 1921. 
From; The Commanding General. Sixth Corps Area. 
To: The Adjutant General of the Army, Washington. D. C. 
Subject: Reconsideration, case of Warrant Officer H. W. Hardman. 

1. As major, Quartermaster Corps, temporary, the above-named warrant officer 
applied for commission in the Regular Army, and it appears was not appointed as the 
result of error in report on his physical examination. His application for reconsidera- 
tion with report of ])hysical examination was forwarded from these headquarters under 
date of February 14. 1921. Copy of previous correspondence attached hereto. 

2. It is believed that this ca-e is particularly de.'erving of con^ideraticm by virtue 
of the long servi-^e of Warrant Officer Hardman and the unusual character of hi-; war 
record, involving servicer of very great responsibility and effi-^iency in an adminis- 
trative and organizing capacity. 

3. In his personality, general education, a7id his wide and tho7-ough knowledge ot 
the service, this officer is con-idered well qualified and highly deserving of appoint- 
ment as a commissioned officer in the Army. The denial of appointment having 
been ba^ed, apparently, upon an error as to his physical condition and through no 
fault of his own, it is believed that the case is one de-erving mo.-t worthily of recon- 
sideration. 

Leonard Wood, 
Major General, United States Army. 

That was returned, under the first indorsement of The Adjutant 
General's Office, under date of March 26, 1921, as follows: 

1. The records of this office show that the letter of February 7, 1921. from Warrant 
Officer Herbert Warren Hardman transmitted to this office by the fourth indorsement 
from the commanding general Sixth Corps Area was considered and replied to by 
fifth indorsement, dated February 17, 1921. Through an inadvertence which ia 
regretted, these papers, after the fifth indorsement was signed, were placed on file 
and not mailed out. Upon the receipt of the letter of March 18, 1921, from the com- 
manding general Sixth Corps Area the papers referred to were found on file. 

2. Nothing can be added to the previous indorsement, dated February 17, 1921, as 
it is the policy of this office to adhere to the findings of the examining boards which 
examined candidates in 1920 for appointment in the Regular Army and to the approval 
by the Surgeon General of the reports made by the medical examiners. 

By order of the Secretary of War. 

T. H. Lowe, Adjutant General. 

Mr. Drane. Is there a letter in the files from Gen. Rogers ? 
Mr. Hardman. Yes, sir. 
Mr. Drane. The Quartermaster General ? 
Mr. Hardman. Yes, sir. 
Mr. Drane. That bears on this case ? 
Mr. Hardman. Yes, sir. 
Mr. Drane. What did he say? 

Mr. Hardman. In a memorandum for the Secretary of War, dated 
April 22, 1921, Gen. Rogers says: 

War Department, 
Office of the Quartermaster General of the Ahmy, 

Washington, April 22, 1921. 
Memorandum for the Secretary of War. 
Subject: Warrant Officer H. W. Hardman. 

1. Warrant Officer H. W. Hardman, now attached to the Quartermaster Corps, in- 
forms me that you have consented to examine the documents upon which he is basing 
his efforts to secure an appointment in the Army, either through administrative action 
or special legislation. His case was not presented to me for action at the time the 
former temporary officers were being recommended for commission due to the fact, 
as I understand, that he was found physically disqualified. 

2. It no\v appears from the attached papers, and from Warrant Officer Hardman's 
statement, that his physical disqualification has been found to be an error. He has a 
most excellent reputation for efficiency and should you desire to indorse his efforts 



8 APPOINTMENT OF HERBERT WARREN HARDMAN AS <'APTAIN. 

to obtain an appointment in the Army, for duty in the Quartermaster Corps, I should 
be very glad to have him serve as a commissioned officer in the Quartermaster Corps. 

H. L. Rogers, 
Quartermaster General. 

On the second indorsement Gen. Wood returned this letter with the 

following statement: 

Office of Commanding General, 

Sixth Corps Area, 
Fort Sheridan, III, March. 30, 1921. 

To the Adjutant General of the Army, 

Washington, D. C; 

1. Respectfully returned. 

2. From the report of the medical board at this post, it is perfectly evident that a 
grave injustice has been done Warrant Officer Herbert Warren Hardman. The board 
reports that he has no trace whatever of inguinal hernia, which is alleged to have been 
the cause of his rejection. Disability of this kind is so easily ascertained that it is 
evident a mistake has been made in this case. 

3. Every man is entitled to have an injustice corrected if it is humanly possible to 
do so. This man, well qualified for promotion, has been denied it through what is 
clearly a mistake. I feel confident that it is the policy of the department to correct 
a mistake rather than to stand upon an error which has resulted in grave injustice to a 
worthy soldier. 

4. I recommend that this case be reopened and that Warrant Officer Herbert Warren 
Hardman receive the consideration which his service warrants. 

Leonard Wood, 
Major General, XJrdted States Army, Commanding. 

That sums up the entire case in as few words as it can be put in. 
Gen. Wood ordered me before a board of surgeons at Fort Sheridan 
for examination to determine whether I had hernia or not, and he 
wrote that indorsement after he had ordered this board of surgeons 
to examine me, and he took a personal interest in the matter, and he 
went into it as thoroughly as possible. That sums up the whole case. 

Mr. Kearns. When were you recommissioned as a warrant officer? 

Mr. Hardman. On the 28th of December. 

Mr. Kearns. Of what year? 

Mr. Hardman. 1920. 

Mr. Kearxs. That was after these medical examiners had found 
that you were suffering with hernia) ' 

Mr. Hardman. That was after they had reported I had hernia. 

Mr. Kearns. I would like to know how you got into the Army 
the second time as a warrant officer if you had hernia ? 

Mr. Hardman. 1 was given a thorough physical examination and 
they found nothing the matter with me. 

Mr. Drane. Would you be ineligible for service as a warrant 
officer if you had hernia ? 

Mr. Hardman. Yes, sir. 

Mr. Kearns. You would be ineligible to serve in the Regular 
Establishment in any capacit}', would you not ? 

Mr. Hardman. Yes, sir. 

Mr. Kearns. And since these examinations were made you have 
been commissioned as a warrant officer ? 

Mr. Hardman. Yes, sir. 

Mr. Kearns. Were you reexamined by another medical board ? 

Mr. Hardman. Yes, sir. I was examined by a board constituted 
for the purpose of determining my physical ability to be a warrant 
officer, after I had been examined for a commission in the Regular 
Service. I was examined b}- another board on September 29. The 



APPOINTMENT OF HERBERT WARREN HARDMAN AS CAPTAIN. 9 

other was on September 28. I was examined by another board of 
three members for the purpose of determining whether there was 
anything the matter with me before I was dischafged as an emergency 
officer. That was on September 29, 1920. 

The examination as a result of which they claimed I had hernia 
was on July 8, 1920. On September 28, 1920, I was examined to 
determine by physical fitness to be a warrant officer, and on Sep- 
tember 29, 1920, I was examined to see whether there was anything 
the matter with me before I was discharged. I reenlisted on the 
20th of October, and I was found to be all right. On November 10 
I got this notice saying that I would have to be operated on for hernia 
before being made a warrant officer. 

Mr. Drane. That is, if you are made a captain, you are suffering 
from hernia, but if you are made a warrant officer you are not suffering 
from hernia ? 

Mr. Hardman. That is the way it appeared to me. 

Mr. Kearns. You have been examined by three different boards? 

Mr. Hardman. Yes, sir; before I came to Washington. 

Mr. Kearns. And one of those reported that you had hernia? 

Mr. Hardman. Yes, sir. 

Mr. Kearns. Did that same board ever repudiate their findings? 

Mr. Hardman. No; but when I came to Washington I was ordered 
by the Surgeon General of the Army to go to Walter Reed Hospital 
to be examined by another board to determine whether or not I did 
have hernia. I went to the Surgeon General's office and showed him 
the certificates of four of his own officers, and I asked him to allow 
me to be reexamined, so that my record would be straightened out. 
Here is the memorandum which the Surgeon General issued: 

April 13, 1920. 
Memorandum for the commanding officer Walter Reed General Hospital, Takoma 

Park, D. C: 

1. It is requested that Col. Keller make an examination of Warrant Officer H. W. 
Hardman, United States Army, with reference to the existence of inguinal hernia 
and that complete physical examination of this officer be made by some officer on 
duty in your hospital, report to be submitted to this office. 

2. Attached herewith are papers which belong to Warrant Officer Hardman whi<_tj 
explain the present status of his case. These papers can be returned to him upon 
the completion of his eyamination. 

For the Surgeon General. 

S. J. Morris, 
Lieutenant Colonel, Medical Corps. 

That was on the 13th of April. On the 14th I reported at Walter 
Reed General Hospital and was examined by Col. Keller and by 
seven other officers. One of them was Maj. Gaul, Medical Corps, the 
man who made an error about my having hernia the first time. 
There was also another medical officer there who was on the board 
that examined me on July 8, 1920. Those seven officers, including 
the ones who examined me over again, found no hernia. I asked for 
the result of that physical examination and it was refused me. I 
made an official application for it and it was refused me. This is 
what Gen. Kerr said: 



10 APPOINTMENT OF HERBERT WARREN HARDMAN AS CAPTAIN. 

[First Indorsement.] 

War Department, 
Adjutant General's Office, 

April 20, 1921. 
To Warrant Officer Herbert W. Hardman. 
Returned. 

Request contained in laat sentence, second paragraph, is disapproved, this informa- 
tion not being sTich as can properly be furnished, information of this nature being fur- 
nished only upon proper call from a court or from a department of the Government 
having need therefor, or by Congress or a committee thereof. 
By order of Secretary of War. 

J. T. Kerr, Adjutant General. 

That is unusual, Mr. Kearns. I know of no one in the service who 
can not go to The Adjutant General at any time, officially, and get his 
physical record. I know officers who have done it, who wanted the 
information for their own uses; but it was refused me. 

I saw the Secretary of War and he assured me that a thorough, 
impartial investigation of the case would be made, and he assured 
Mr. Drane the same thing, but after they had gone into it they claimed 
they could do nothing because section 24 of the act of June 4, 1920, the 
reorganization act, had been fulfilled and they could do nothing more 
about it. 

I appealed to former Secretary Baker, and I would like to read you 
his letter in reply to mine, his letter being dated March 18, 1921. He 
wrote me as follows: 

Baker, Ho.stetler & Sidlo, 

Counsellors at Law, 
United National Bank Building, 

Cleveland, March 18, 1921. 
Mr. Herbert W. Hardman, 

Apartment No. 1, 147 S Laiorence Avenue, Chicago, III. 

My Dear Mr. Hardman: I return herewith the copies inclosed in your letter of 
March 16. 

It wotild seem to me that your rejection for physical disability took place in August 
and you were notified of it August 19, 1920. That letter does not state the nature of 
the disability, it is true, but you did not apply for reexamination in the October test, 
and so the time went by within which it would have been possible to discover and 
correct the error, which seems to have been committed in your case, shown by the 
subsequent examination by medical officers. 

The problem presented by the War Department was to select as many officers as 
possible for permanent appointments, commissions to date as of July 1, 1920, and to 
get all of these appointments made before the 1st of December, so that Congress could 
confirm that and the subsequent steps outlined by the reorganization act, providing 
for the filling of vacancies by promotion, and selection from civil life carried forward, 
thus making a complete reorganization of the Army. 

1 fixed October as the last possible date for further examination and the correction of 
errors, and we did get a number of additional officers and correct a good many errors. 
Unhappily, however, we did not catch them all, and it would seem clear that your 
case is one which we did not catch in time to correct it. 

There are still more vacancies, as I understand it, in the rank of second lieutenant, 
but the higher places have now been filled by promotion and it is now too late to 
correct even manifest errors. There are one or two other cases very much like yours, 
in which the commission was refused for physical disability, where plain error was 
made either by the physicians or in keeping of records. I am sorry that there were 
any, and yet I congratulate the department on the fact that there were so few in such a 
complicated and large matter. 

As 1 am no longer in the War Department; there is of course nothing I can do about 
your case, but I would suggest that you send these copies to The Adjutant General 
with the request that if the department, either through additional legislation or any 
administration process, finds it possible hereafter to correct these errors your case be 
included. 

Cordially, yours, 

Newton D. Bakeh. 



APPOINTMENT OF HERBERT WARREN HARDMAN AS CAPTAIN. 11 

He admits that there was an error in the case. He knew of my 
case personally. Mr. Weeks admits there was an error, and I have 
his statement in a letter which he wrote to Senator Fletcher, dated 
May 3, 1921. 

After a personal interview with the Secretary of War, in which I 
was informed that my case would be thoroughly investigated and 
that substantial justice would be done if it were found that an error 
had been made in my physical examination, I was informed that the 
War Department could do nothing, as there was no legal authority 
for appointing me, under the provisions of section 24 of the act of 
June 4, 1920. 

I then made application to the War Department, under date of 
April 22, 1921, requesting that the War Department introduce a 
bill in Congress to appoint me a captain in the Quartermaster Corps, 
that being the grade that men of my age, experience, and length of 
service had been given under the examinations held in July, 1920. 

Under date of May 4 the request was returned to me disapproved, 
as it was stated that it was not the practice of the War Department 
to initiate any action having for its purpose the introduction of 
special bills in Congress for the benefit of individuals. However, no 
objection was made to my having a bill introduced through my own 
efforts. 

Accompanying this application to the War Department for the 
introduction of legislation in my behalf was the memorandum from 
Maj. Gen. H. L. Rogers, the Quartermaster General, which I have 
already read to you. 

I now appeal to Congress for the passage a bill to make me a 
captain, as that is the only means left me to obtain the commission 
for which I was examined and to which I believe I was clearly en- 
titled had it not been for the error made in my physical examination 
by the original board. 

Mr. Kearns. We will take your case under advisement and give 
it careful consideration as soon as possible. 

(Thereupon the subcommittee adjourned.) 



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